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· 11/6/2012

Prendergast v. Clements

Citations

  • 699 F.3d 1182
  • 2012 U.S. App. LEXIS 22832
  • 2012 WL 5395167

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that petitioner’s ha-beas challenges to original conviction were untimely despite intervening resentencing upon probation violation
  • holding that courts must assess the timeliness of claims on a “claim by claim basis” and affirming the district court’s dismissal of Prendergast’s claims challenging his conviction as untimely even though his claims challenging an amended sentence were not
  • holding petitioner’s habeas challenge tot original conviction was untimely despite intervening resenting on probation violation
  • observing that the statute of limitations must be applied “on a claim-by-claim basis”
  • observing that the statute of limitations must be applied “on a claim-by-claim basis”
  • explaining that “§ 2244(d)(1) should be applied on a claim-by- claim basis”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kelly, Tymkovich, Gorsuch

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.